HELTON v. LOUISVILLE & N. R. CO.


233 S.W.2d 401 (1950)

HELTON v. LOUISVILLE & N. R. CO.

Court of Appeals of Kentucky.

October 17, 1950.


Attorney(s) appearing for the Case

Astor Hogg, Geo. R. Pope, Harlan, for appellant.

J. C. Baker, Harlan, H. L. Bryant, Pineville, C. E. Rice, Jr., C. S. Landrum, Lexington, for appellee.


VAN SANT, Commissioner.

Neither party filed a demurrer, neither moved for a peremptory instruction, and the answer did not cure the alleged defect in the petition. After the jury returned its verdict, defendant moved for judgment on the pleadings notwithstanding the verdict. The motion was sustained and judgment entered dismissing the petition. The sole question presented is whether the petition states a cause of action. Section 386, Civil Code of Practice, Brannon...

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